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Seychelles Case Law

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Civil procedure [2024] SCSC 148

Payet v Monthy (MA 199 of 2022)

Payet v Monthy (MA 199 of 2022) [2024] SCSC 148 (7 June 2024)

On a summons after unsatisfied judgment, the Court declined civil imprisonment but ordered the Respondent to pay the judgment debt by monthly instalments.

  • Civil imprisonment
  • Means testing
  • Judgment enforcement
  • Imprisonment for debt
  • Civil-imprisonment
  • Judgment-enforcement
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Criminal law [2024] SCSC 154

R v Farabeau (CM 50 of 2024 (Arising in CR 18 of 2024))

R v Farabeau (CM 50 of 2024 (Arising in CR 18 of 2024)) [2024] SCSC 154 (7 June 2024)

The Supreme Court of Seychelles granted bail to a man charged with multiple drug offences, finding a prima facie case but no compelling reason for remand in custody.

  • Bail
  • Remand
  • Controlled drugs
  • Right to liberty
  • Controlled-drugs
  • Right-to-liberty
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Criminal law [2024] SCSC 97

R v Farabeau (CM 50 of 2024)

R v Farabeau (CM 50 of 2024) [2024] SCSC 97 (7 June 2024)

The Supreme Court of Seychelles rejected remand in police custody and granted bail with strict conditions in a controlled-drugs case against Leon Farabeau.

  • Bail
  • Remand
  • Controlled drugs
  • Right to liberty
  • Controlled-drugs
  • Right-to-liberty
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Criminal law [2024] SCSC 85

R v Pool & Ors (CR 48 of 2023)

R v Pool & Ors (CR 48 of 2023) [2024] SCSC 85 (7 June 2024)

The Supreme Court of Seychelles granted further particulars, holding that the amended firearm charges were insufficiently specific without identifying the type of firearm.

  • Particularization of charges
  • Amendment of charges
  • Firearms offences
  • Right to fair trial
  • Amendment-of-charges
  • Firearms-offences
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Civil procedure [2024] SCSC 186

AG v Constance (MC 2 of 2024)

AG v Constance (MC 2 of 2024) [2024] SCSC 186 (6 June 2024)

The Supreme Court of Seychelles held that the Attorney General may instruct private counsel in civil litigation, but the mandate must be properly executed.

  • Delegation of authority
  • Representation of government in civil suits
  • Mandate of attorney general
  • Attorney-general
  • Delegation-of-authority
  • Government-representation
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Family law [2024] SCSC 80

Ex parte XM (XP 20 of 2024)

Ex parte XM (XP 20 of 2024) [2024] SCSC 80 (5 June 2024)

The Supreme Court authorized a guardian to sell a minor’s share in Seychelles land, finding the sale to be in the minor’s manifest advantage and imposing safeguards on proceeds.

  • Sale of minor's property
  • Guardian's powers
  • Court authorization for sale
  • Land registration
  • Sale-of-minors-property
  • Guardian-powers
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Property law [2024] SCSC 87

Julienne & Anor v Labrosse (CS 41 of 2022)

Julienne & Anor v Labrosse (CS 41 of 2022) [2024] SCSC 87 (4 June 2024)

The Supreme Court of Seychelles dismissed a claim that the plaintiffs inherited a droit de superficie over their father’s house on Parcel J958.

  • Droit de superficie
  • Inheritance
  • Ownership of dwelling house
  • Family property disputes
  • Droit-de-superficie
  • Property-ownership
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Succession law [2024] SCSC 88

Berlouis & Anor v The Estate of the Late Ogilvy Berlouis (CS 119 of 2022)

Berlouis & Anor v The Estate of the Late Ogilvy Berlouis (CS 119 of 2022) [2024] SCSC 88 (4 June 2024)

The Supreme Court of Seychelles dismissed a succession claim brought by two heirs, holding that it was barred by res judicata and an abuse of process.

  • Res judicata
  • Abuse of process
  • Frivolous and vexatious proceedings
  • Proper party to sue
  • Executor's role in estate litigation
  • Res-judicata
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Succession law [2024] SCSC 105

Parcou v Estate Parcou & Anor (CS 35 of 2023)

Parcou v Estate Parcou & Anor (CS 35 of 2023) [2024] SCSC 105 (4 June 2024)

The Will of the late Julien Kaven Parcou contravened the law by bequeathing the entire estate to his spouse to the exclusion of reserved heirs. The Court has power under Article 920 of Cap 33 to reduce the dispositions to the allowable portion. The Plaintiff, as a declared child and reserved heir, is entitled to one third share of the estate, with the remainder two thirds to be shared between the Plaintiff and the adopted child.

  • Reduction of dispositions by will
  • Reserved heirs
  • Declaration of paternity
  • Forced heirship
  • Testate succession
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Criminal law [2024] SCSC 79

Constant v R (CN 4 of 2023)

Constant v R (CN 4 of 2023) [2024] SCSC 79 (3 June 2024)

The Supreme Court of Seychelles dismissed Yannick Constant’s appeal against a 5-year sentence for stealing from a vehicle, finding no error in principle.

  • Sentencing
  • Stealing from vehicle
  • Recidivism
  • Appeal against sentence
  • Criminal-law
  • Appeal-against-sentence
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Seychelles decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.